NY State Senate Bill 2011-S5151

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to labor
May 03, 2011	referred to labor

2011-S5151 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §215-d, Lab L

2011-S5151 (ACTIVE) - Summary

Prohibits discrimination against unemployed job applicants.

2011-S5151 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5151

TITLE OF BILL:
An act
to amend the labor law, in relation to prohibiting discrimination against
unemployed job applicants

PURPOSE:
To prohibit employers or their agents from discriminating against
unemployed applicants or publish, in print or on the internet, an
advertisement for any job vacancy that prohibits, announces or
suggests that unemployed individuals need not apply for a job vacancy.

SUMMARY OF PROVISIONS:
§ 1, Subdivision 1 amends the labor law by adding a new section
§215-d:
Discrimination against unemployed applicants for employment. This
section prohibits an employer from discriminating against an
applicant based on their job status. Subdivision 2 Prohibits an
employer or employer's agent, representative, or designee from
publishing an advertisement for any job vacancy that stipulates that
job qualifications include that the applicant be currently employed;
and that the prospective employer will not consider an application
for employment by any applicant currently unemployed; or any
provision which states or suggests that only job applicants who are
currently employed will be reviewed for consideration. Subdivision 3

creates a penalty to those employers who violate these provisions
through a civil penalty not to exceed five thousand dollars for the
first violation and ten thousand dollars for each subsequent
violation payable to the labor commission.

§ 2 is the effective date.

JUSTIFICATION:
During this time of high unemployment it is unconscionable for a
prospective employer to eliminate from consideration any individual,
through no fault of their own, that may be currently unemployed. New
Jersey has recently enacted similar legislation which bans
discrimination against the jobless in print or online. The first in
the nation legislation, enacted by New Jersey, highlights the premise
that a person should be employed based on skill and ability not the
nation's economic downturn.

LEGISLATIVE HISTORY:
2011 - New Bill

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Takes effect immediately.

2011-S5151 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5151

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to prohibiting discrimination
  against unemployed job applicants

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The labor law is amended by adding a new section 215-d to
read as follows:
  S 215-D. DISCRIMINATION AGAINST UNEMPLOYED APPLICANTS FOR  EMPLOYMENT.
1.  NO  EMPLOYER  OR EMPLOYER'S AGENT, REPRESENTATIVE, OR DESIGNEE SHALL
DISCRIMINATE AGAINST AN APPLICANT  ON  THE  BASIS  OF  THAT  APPLICANT'S
CURRENT EMPLOYMENT STATUS.
  2.  NO EMPLOYER OR EMPLOYER'S AGENT, REPRESENTATIVE, OR DESIGNEE SHALL
PUBLISH, IN PRINT OR ON THE  INTERNET,  AN  ADVERTISEMENT  FOR  ANY  JOB
VACANCY THAT CONTAINS ONE OR MORE OF THE FOLLOWING:
  (A)  ANY PROVISION STATING OR SUGGESTING THAT THE QUALIFICATIONS FOR A
JOB INCLUDE CURRENT EMPLOYMENT;
  (B) ANY PROVISION STATING OR SUGGESTING THAT THE EMPLOYER  OR  EMPLOY-
ER'S  AGENT,  REPRESENTATIVE, OR DESIGNEE WILL NOT CONSIDER OR REVIEW AN
APPLICATION FOR EMPLOYMENT SUBMITTED  BY  ANY  JOB  APPLICANT  CURRENTLY
UNEMPLOYED; OR
  (C)  ANY  PROVISION STATING OR SUGGESTING THAT THE EMPLOYER OR EMPLOY-
ER'S AGENT, REPRESENTATIVE, OR DESIGNEE WILL  ONLY  CONSIDER  OR  REVIEW
APPLICATIONS FOR EMPLOYMENT SUBMITTED BY JOB APPLICANTS WHO ARE CURRENT-
LY EMPLOYED.
  3.  ANY EMPLOYER WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
PENALTY IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS FOR  THE  FIRST
VIOLATION  AND  TEN  THOUSAND  DOLLARS  FOR  EACH  SUBSEQUENT VIOLATION,
COLLECTIBLE BY THE COMMISSIONER.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11117-02-1

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Senate Bill S5151

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

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2011-S5151 (ACTIVE) - Details

2011-S5151 (ACTIVE) - Summary

2011-S5151 (ACTIVE) - Sponsor Memo

2011-S5151 (ACTIVE) - Bill Text download pdf

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

2011-S5151 (ACTIVE) - Details

2011-S5151 (ACTIVE) - Summary

2011-S5151 (ACTIVE) - Sponsor Memo

2011-S5151 (ACTIVE) - Bill Text download pdf

Comments